How North Dakota Collects Unpaid Child Support: Wage Garnishment, License Suspension and Passport Denial
If you don’t pay child support in North Dakota, each installment is a judgment, wages can be withheld with an arrears add-on, and a court can suspend licenses once arrears exceed three times the monthly obligation and you are not in a repayment plan.
What happens if you don’t pay child support in North Dakota?
Each unpaid installment is a judgment by operation of law, entered in the judgment docket on request and enforced as a judgment, and failure to comply with a support order is contempt of court (NDCC 14-08.1-05). A party can execute on the judgment, subject to the exemptions in 28-22-02.
How much can North Dakota take from my paycheck?
Withholding includes the current obligation plus the ordered arrears payment, or 20% of the monthly obligation toward arrears if none is ordered (14-09-09.30). Federal law caps it at 50% or 60%, and 55% or 65% for support more than 12 weeks overdue (15 U.S.C. 1673(b)).
| If the person | Limit | If support is more than 12 weeks overdue |
|---|---|---|
| Supporting a spouse or another child | 50% | 55% |
| Not supporting a spouse or another child | 60% | 65% |
When can a court suspend a license?
When considering a contempt citation against an obligor who is in arrears in an amount greater than three times the monthly obligation and is not current in a court-established repayment plan, the court must address whether the obligor holds an occupational, professional or recreational license and may withhold or suspend it; the decision becomes final 30 days after notice unless the obligor pays or arranges to pay everything outstanding (14-08.1-06). The same trigger applies to a driver’s license, which the court may restrict or suspend (14-08.1-07).
Can the court order a payment plan or work activities?
Yes. The court may order past-due support paid under a plan approved by the court or the agency and, if the obligor is subject to a plan and is not incapacitated, order participation in work activities the court deems appropriate, and treatment for mental illness or drug or alcohol dependency (14-08.1-05.1).
What about bonuses and lump sums?
An income payer served with a withholding order that includes past-due support must notify the agency before making a lump sum payment of $1,000 or more and may not pay more than half of it to the obligor for 30 days or until the agency authorizes it (14-09-09.34). Expect a bonus to be held.
What about passports?
If a state agency certifies that a person owes child support arrearages of more than $2,500, federal law requires refusal of a passport (42 U.S.C. 652(k)). The North Dakota arrears calculator warns when the unpaid principal passes that figure.
What should you do if you owe?
Respond to every notice, enter a repayment plan before the hearing, add up the balance in the North Dakota child support arrears calculator and, if your circumstances changed, ask for a review or file a motion right away.
Frequently asked questions
What happens if you don’t pay child support in North Dakota?
Each installment is a judgment, contempt can follow, and licenses can be suspended once arrears exceed three times the monthly obligation.
How much of my paycheck can North Dakota take for child support?
The current support plus an arrears amount, or 20% of the monthly obligation if none is ordered, within federal limits of 50% to 65%.
How long do I have to avoid a North Dakota license suspension?
The decision becomes final 30 days after notice unless you pay everything outstanding or arrange to pay.
Can North Dakota hold my bonus for child support?
Yes. An employer must notify the agency of a lump sum of $1,000 or more and hold half for 30 days.
When can the passport of a North Dakota parent who owes child support be denied?
When arrears above $2,500 are certified under federal law.
Official sources
- NDCC chapter 14-08.1: support orders are judgments; license suspension
- NDCC chapter 14-09: interest statement; withholding; incarceration
- NDCC 28-20-34: interest rate on judgments
- ND HHS Child Support: interest charges
- 15 U.S.C. 1673: restriction on garnishment
- 42 U.S.C. 652(k): denial of passports
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited North Dakota statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed North Dakota attorney.